CASE DIGEST
Bacabac v. NYK-Fil
Shipmanagement, Inc.
G.R. No. 228550, [July 28, 2021]
SECOND, LOPEZ, M.
Disability benefits and Sickness allowance; Work-related Seafarer's Illness
When the seafarer suffers from an
illness or injury while on board the vessel, and the resulting disability is
not listed in Section 32 of the POEA-SEC, then it is presumed to be a work-related
illness. If the company physician's assessment is incomplete or inadequate, and
there is no valid certification before the expiration of the prescribed period,
the seafarer's disability may be conclusively considered total and permanent,
entitling them to benefits.
NYK-FIL Shipmanagement Inc., acting on behalf of NYK Shipmanagement Pte Ltd. (respondents), employed Joemar Babiera Bacabac as an oiler on November 25, 2011. He was deployed on board the MV IKI on December 8, 2011, for a nine-month period. On March 11, 2012, Joemar experienced dizziness and abdominal pain while on duty, later diagnosed with kidney dysfunction and underwent dialysis and surgery. He was medically repatriated on May 21, 2012, and diagnosed with Severe Acute Cholangitis, declared non-work-related by the company doctor. Joemar filed a complaint for disability benefits and other claims, awarded by the labor arbiter but reversed by the NLRC and affirmed by the Court of Appeals.
Whether Joemar is entitled to
disability benefits, sickness allowance, and other claims based on the
work-relatedness of his illness.
YES. The Supreme Court held that Joemar is entitled to disability benefits and sickness allowance. As provided for in the POEA-Standard Employment Contract (POEA-SEC), there is a presumption of work-relatedness of a seafarer's illness if it manifests or is discovered during the term of their employment contract. This presumption arises when the seafarer suffers from an illness or injury while on board the vessel, and the resulting disability is not listed in Section 32 of the POEA-SEC. Joemar’s illness, manifesting during his employment contract, is disputably presumed work-related.
Additionally, there’s a need for a complete
and justified medical assessment by the company physician to ascertain the
degree of the seafarer's disability benefits. If the company physician's
assessment is incomplete or inadequate, and there is no valid certification
before the expiration of the prescribed period, the seafarer's disability may
be conclusively considered total and permanent, entitling them to benefits.
Here, the company physician's assessment was inadequate, lacking justification
for declaring Joemar's illness non-work-related. Thus, Joemar is deemed totally
and permanently disabled, and the sickness allowance is granted. Reimbursement
of medical expenses and damages was denied due to insufficient evidence.
Attorney's fees were awarded.
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